Published: Fri, April 28, 2017
U.S. | By Eddie Scott

Trump mistakenly blames 9th Circuit for blocking 'sanctuary city' order

Trump mistakenly blames 9th Circuit for blocking 'sanctuary city' order

He is only partially correct.

For what it's worth, several of Trump's orders have been struck down in multiple courts, not just the 9th Circuit.

"America can find no more ghoulish poster children for what is fundamentally dishonest about liberal judicial activism than those judges of the 9th U.S. Circuit Court of Appeals", conservative commentator Mark Q. Rhoads, a former IL legislator, once wrote of the court. But he advocated instead for firing squads because he said the public would never accept guillotines.

That's a distinction that matters.

The 9th Circuit ruling came in a lawsuit by a California school employee, Aileen Rizo, who learned in 2012 while having lunch with her colleagues that her male counterparts were making more than she was. But as a percentage of cases the Supreme Court hears, the liberal-leaning circuit fares somewhat better, according to statistical compilations by the legal website Scotusblog. "And the same thing with this [sanctuary city decision]..." The notion of judge shopping translates into a lawyer's strategy to bring a case in a favorable jurisdiction. It's as old as the hills. It was a federal district judge.

Judge shopping, by the way, is not a one-way street.

President Donald Trump pauses while speaking before signing the Education Federalism Executive Order, Wednesday, April 26, 2017, in the Roosevelt Room of the White House in Washington.

The federal Equal Pay Act allows differential pay based on "a factor other than sex", and an employee's past salary can fall into that category when it serves the employer's business purposes, the court said in a 3-0 ruling by Lynn Adelman, a federal judge from Wisconsin temporarily assigned to the court.

That the 9th Circuit received blame for a decision it didn't make reflected its long-held status as a whipping boy for conservatives.

Trump pointed out that the 9th Circuit has a "terrible record of being overturned (close to 80%)".

"We'll win at the Supreme Court level at some point", he continued. Other, more dictatorial urges seem to stem from a more deeply-rooted impulse to dominate his enemies.

"Reversal rates for each court of appeals would be very small, in the range of a tenth of a percent, if calculated as the total number of cases reversed over the total number of appeals terminated by that court", Hofer wrote in his article published by the American Bar Association. "See you in the Supreme Court".

Q: What is the likelihood the 9th Circuit will be split?

In a Wednesday column titled "President Trump's Tantrums Sink Him in Court Again," Michaelson said that to an attorney Trump is "the worst client in the world" because the president doesn't have the self discipline to ever keep his thoughts to himself.

Judge Alex Kozinksi - a Reagan appointee - testified against such proposals last March.

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